Divorce Lawyers Guide You through Prenuptial & Postnuptial Agreements in Tennessee
It is important to have an attorney who understands laws concerning prenuptial and postnuptial agreements
Prenuptial agreements (sometimes called antenuptial agreements) are contracts entered into before marriage that control how property and other assets and debts will be divided if the couple divorces (or in the event of the death of a party). Prenuptial agreements are common where there are children by prior marriage(s) and a parent wants to secure assets for that parent's children and ensure that not all of the assets will go to the other spouse's children from a prior marriage. Prenuptial agreements are also helpful when one person has significantly more assets or income than the other, or where one person wants to ensure that separate property remains separate.
Postnuptial agreements are contracts entered into after marriage that control the distribution of assets and debts in the event of divorce (and/or death).
An attorney from Sobieski, Messer & Associates, PLLC can help you decide if a prenuptial agreement or postnuptial agreement is right for you.
Tennessee prenuptial laws
Prenuptial agreements are favored in Tennessee, provided that certain requirements are met. Under Tennessee Code Annotated § 36-3-501, for a valid prenuptial agreement to exist, both parties must enter into the agreement freely, knowledgeably, and in good faith. There must be no duress or undue influence on either party. If the agreement is valid, a prenuptial agreement may limit or prohibit alimony, as long as the agreement is not over-reaching and does not leave one party so impoverished that he/she must be on public support. According to Knoxville laws, a prenuptial agreement may never limit child support.
For an agreement to be entered into knowledgeably, there must be full and fair disclosure of all assets. Each party must be given "a clear idea of the nature, extent, and value of the other party's property and resources” (Randolph v. Randolph, 937 S.W.2d, 815, 1996). This is so the other party can make an intelligent decision about what rights he or she is surrendering. If the parties signing the prenuptial agreement are represented by counsel at the time of signing, that helps to establish that the agreement was entered into knowledgeably.
Postnuptial agreements in Tennessee
A postnuptial agreement is similar to a prenuptial agreement, except that it is drafted after the couple has been married. An impending divorce is not required for a couple to get a postnuptial agreement. It is important to have a good lawyer on your side to make sure that one spouse is not taking advantage of another. The topics that a prenuptial agreement can cover can also be covered in a postnuptial agreement.
Contact an experienced pre- and post-nuptial lawyer today
The attorneys at Sobieski, Messer, & Associates, PLLC handle prenuptial and antenuptial agreements in Knoxville, TN and the surrounding areas. Our office is located in Historic Downtown Knoxville, within walking distance from the state and federal courthouses. We have fixed hourly rates. For more information, call 865.223.5586 or contact us online.